AIBE III 2012 Question 20

The Panchayat Act of a State provides that all matters relating to criminal trespass shall be decided by the nyaya panchayat of that area. The Panchayat Act also provides that no lawyer may plead a case before a nyaya panchayat. A is arrested on a charge of criminal trespass and is produced before the relevant Nyaya Panchayat. A demands access to a lawyer, but is denied. Which of the following is most correct?

1. A A has the right to consult a legal practitioner, and to be defended by one. However, this right would be overruled by the provisions of the Panchayat Act.
2. B Promoting local self-government is one of the constitutional ideals, and individual liberties cannot be allowed to hamper the development of such ideals. As such, A does not have the right to consult or be defended by a legal practitioner.
3. C A may consult a legal practitioner. However, it cannot be argued that merely appearing before a nyaya panchayat on criminal grounds requires a 'defence'. As such, A does not have the right to ask for a lawyer when appearing before the Nyaya Panchayat.
4. D A has the right to consult a legal practitioner, and to be defended by a legal practitioner. However, this right would only come into operation if A is convicted of the offence of criminal trespass, and not before.
5. E The State cannot make a law that is in contravention of the fundamental rights. As such, A has the right to consult and be defended by a legal practitioner before the nyaya Panchayat. Official answer